- 19 - 163(d)(4)(B)(ii). This gives petitioners a $75,90016 long-term capital loss, and therefore, zero net capital gain. Net gain is also equal to zero because total gains do not exceed total losses ($49,017 less $75,900). Therefore, petitioners have net investment income of $5,044 and an allowable investment interest expense deduction of $5,044. Petitioners selectively chose to include the loss carryover when it placed them in a better tax position. Thus, petitioners included the loss carryover for purposes of calculating the $3,000 capital loss deduction. If petitioners had not included the loss carryover when calculating their overall capital loss, they would have had an overall capital gain rather than a capital loss. We hold as a matter of law that petitioners’ loss carryover is an integral part of the equation in calculating investment income under section 163(d)(4)(B). Were the loss carryover not included, petitioners would receive a double tax benefit. Under petitioners’ approach, long-term capital gains would be offset by the loss carryover and not subjected to taxation. Then, those same capital gains that escaped taxation would be used to increase investment income and, simultaneously, the investment interest expense deduction. Essentially, petitioners would 16This is the sum of Schedule D, lines 8, 9, and 14 (-$3,601 +$69,322 -$141,621).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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